IN THE CASE OF:	   

		BOARD DATE:	  10 June 2014

		DOCKET NUMBER:  AR20130017689 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the:

* Army Commendation Medal (2nd Award) and with "V" Device
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* three bronze service stars to his Vietnam Service Medal
* a second award of the Purple Heart
* a second award of the Air Medal
* the letter "R" (Republic) to the Vietnam Campaign Medal with Device (1960)

2.  The applicant states, in effect, the awards on his original DD Form 214 are incorrect.

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* General Orders (GO) Number 5717, GO Number 925, GO Number 10753m GO Number 8910, GO Number 13568, GO Number 14466, and GO Number 59

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, and has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2. The applicant was inducted into the Army of the United States on 10 September 1969 and was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was sergeant (SGT)/E-5.

3.  He served in the Republic of Vietnam from 6 March 1970 through 29 January 1971.  He was assigned to Company C, 2nd Battalion, 502nd Infantry Regiment, 101st Airborne Division (Airmobile).

4.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded or authorized the: 

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Purple Heart (GO Number 5717)
* Army Commendation Medal with "V" Device
* Air Medal
* two overseas service bars
* Vietnam Campaign Medal with 60 Device
* Bronze Star Medal 
* Purple Heart (GO Number 925) 

5.  On 14 June 1971, he was honorably released from active duty after completing 1 year, 9 months, and 5 days of total service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Purple Heart
* Army Commendation Medal W/Device (No "V" is shown)
* Vietnam Campaign Medal W/60 Device (the word Republic is omitted)
* Air Medal 
* Bronze Star Medal 
* Combat Infantryman Badge
* Marksman Sharpshooter Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16

6.  The applicant’s name is shown on the Adjutant General’s Office, Casualty Division’s Vietnam casualty roster with casualty code 23 and date of casualty shown as 5 May 1970.  This casualty code refers to "Hostile wounded in action – not serious hospitalized."

   a. Item 40 (Wounds) of the applicant’s DA Form 20 shows that he received fragment wounds to left upper arm and left knee on 5 May 1970.

   b. His personnel records contain an official Army message and a Western Union telegram notifying his next of kin that he was slightly wounded in action in Vietnam on 5 May 1970.

   c. His medical records, specifically his records of treatment, are not available for review with this case.

   d. A review of the Awards and Decorations Computer Assisted Retrieval System (ADARS) maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders pertaining to the applicant.

7.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official records.

8.  He provides the following GO issued by Headquarters, 101st Airborne Division:

* GO Number 5717, on 18 May 1970, awarding him the Purple Heart for wounds received in action on 5 May 1970
* GO Number 925, on 29 January 1971 awarding him the Purple Heart for wounds received in action on 6 May 1970
* GO Number 10753, on 10 August 1970, awarding him the Army Commendation Medal with "V" Device for heroism on 5 May 1970
* GO Number 10753, on 10 September 1970, awarding him the Army Commendation Medal for service from April to August 1970
* GO Number 13568, on 10 November 1970, awarding him the Air Medal, for achievement on 16 August 1970
* GO Number 14466, on 12 December 1970, awarding him the Air Medal (2nd Award) for meritorious achievement from 30 March to 23 November 1970

9.  He also provides Special Orders (SO) Number 59, issued by Headquarters, 53rd Aviation Battalion (Combat), on 16 April 1971, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit awards.

    a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

* Vietnam Winter – Spring, 1 November 1969 to 30 April 1970
* Sanctuary Counteroffensive, 1 May to 30 June 1970
* Vietnam Counteroffensive Phase VII, 1 July 1970 to 30 June 1971

    b.  The Republic of Vietnam Campaign Medal with Device (1960)  (also known as the VCM) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

11.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service. 

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

13.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 2nd Battalion, 502nd Infantry Regiment in Vietnam, this unit was cited for award of the: 

* Valorous Unit Award, for service from 25 April to 25 May 1970, based on DAGO Number 48, dated 1971
* Valorous Unit Award, for service from 13 to 30 August 1970, based on DAGO Number 50, dated 1971

14.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to 

* Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973

DISCUSSION AND CONCLUSIONS:

1.  With respect to the second award of the Purple Heart: 

	a.  Although most of the applicant's records, including his DA Form 20 and the Vietnam casualty roster, shows he was wounded in action only on 5 May 1970, he was issued two sets of orders awarding him two awards of the Purple Heart for two injuries as a result of enemy action, on 5 and on 6 May 1970. 

	b.  On the surface, it may appear that he was issued two sets of orders for the same wound.  It may also appear that the second set inadvertently listed the date of his injury as 6 May vice 5 May 1970.  However, the fact that both awards were entered in item 41 of his DA Form 20 coupled with the fact that the length of time separating the issuance of the orders suggest he was wounded twice.  Therefore, he is entitled to correction of his DD Form 214 to show two awards of the Purple Heart. 

2.  GO awarded the applicant two awards of the Air Medal.  His DD Form 214 only listed one award.  Therefore, he is entitled to correction of his DD Form 214 to show both awards. 

3.  GO awarded the applicant two awards of the Army Commendation Medal, one of which with a "V" Device.  Not only did his DD Form 214 fail to list both awards, it also failed to list the "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show both awards.  

4.  He was awarded the Vietnam Service Medal.  He also participated in three campaigns during his service in Vietnam.  Therefore, he is eligible for wear of three bronze service stars affixed to his previously-awarded Vietnam Service Medal. 

5.  He also served a qualifying period of service for the Republic of Vietnam Campaign Medal with Device (1960).  His DD Form 214 inadvertently omitted the word "Republic of."  Therefore, his DD Form 214 should be corrected to show this award in its correct name.  

6.  SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  His DD Form 214 listed the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction if his DD Form 214 to show this badge. 

7.  He served honorably from 10 September 1969 through 14 June 1971.  He completed 1 year, 9 months, and 5 days of honorable service.  He served in Vietnam, attained the rank/grade of SGT/E-5, received "excellent" efficiency and conduct ratings throughout his military service, and he was awarded multiple valor awards.  His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this medal.

8.  GO awarded his unit in Vietnam two awards of the Valorous Unit Award and one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards. 

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 
* awarding him the Army Good Conduct Medal (1st award) for the period 10 September 1969 through 14 June 1971
* deleting from his DD Form 214:

* Purple Heart
* Air Medal
* Army Commendation Medal W/Device
* Vietnam Service Medal
* Vietnam Campaign Medal with 60 Device
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

* adding to his DD Form 214 the:

* Purple Heart (2nd Award)
* Air Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Army Commendation Medal (2nd Award) and with "V" Device
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with 1960 Device
* Valorous Unit Award (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)



      _______ _   _x______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20130017689



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ABCMR Record of Proceedings (cont)                                         AR20130017689



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